Wife entitled to maintenance despite husband's denial of marriage

Uttarakhand High Court Upholds Maintenance Rights of Wife Amidst Marriage Denial. Court Confirms Legally Wedded Status, Orders Rs. 5,000 Monthly Maintenance Despite Husband's Protestations

In a significant judgment, the Uttarakhand High Court, under the stewardship of Justice Pankaj Purohit, affirmed the rights of a woman to receive maintenance despite the husband's denial of their marriage. The court, through meticulous scrutiny of evidence, recognized the respondent-wife as the legally wedded spouse entitled to maintenance under Section 125 of the Criminal Procedure Code, 1973.

The case, Shyam Singh v. State of Uttarakhand, revolved around a contentious claim by the revisionist-husband, Shyam Singh, who refuted the marital relationship, asserting that the respondent was merely his brother's sister-in-law. However, documentary proofs, including photographs and marriage documents, substantiated the wife's claim, leading the court to acknowledge her lawful marriage status.

The judgment came in response to a criminal revision petition challenging the Family Court's order, which had earlier directed Shyam Singh to pay Rs. 5,000 per month to his wife, Ramita Rana, based on her application under Section 125 Cr.P.C. The court's decision was influenced by the undeniable evidence of harassment and dowry demands faced by Ramita, which justified her decision to live separately from her husband.

The court noted that Ramita had been ousted from her matrimonial home due to unmet dowry demands, including a motorcycle and Rs. 2,00,000 cash, leaving her in a precarious financial situation. Her inability to support herself, coupled with Shyam's sufficient earning from his medical store and agricultural land, reinforced the court's stance on awarding maintenance.

Despite Shyam Singh's objections and claims of false accusations under various IPC sections, the court found no merit in his denial of marriage. The testimonies of witnesses and the lack of cross-examination by the defense further weakened his position.

Justice Purohit emphasized the husband's negligence in fulfilling his marital obligations and underscored the wife's legitimate reasons to seek financial support. The judgment not only upheld the Family Court's decision but also dismissed the criminal revision, reinforcing the legal framework that protects women's rights within matrimonial disputes.

The court's directive mandates Shyam Singh to remit the monthly maintenance by the 10th of each month, commencing from the date of the claim petition, ensuring Ramita's sustenance amidst her challenging circumstances.

This judgment marks a pivotal moment in matrimonial law, reinforcing the judiciary's commitment to safeguarding women's rights against marital denial and financial neglect.

Bottom Line:

Wife entitled to maintenance despite husband's denial of marriage - Valid reasons for wife to live separately established - Husband found negligent in maintaining wife, and wife unable to support herself.

Statutory provision(s): Section 125 Cr.P.C., Section 397/401 Cr.P.C., Section 19 of Family Courts Act, 1984.

Shyam Singh v. State of Uttarakhand, (Uttarakhand) : Law Finder Doc Id # 2763585